Mandatory Forfeiture of Unlicensed Food-Vending Vehicles Triggers Excessive Fines Scrutiny: City of New York v. Jones (2025) Introduction City of New York v. Jones (2025 NY Slip Op 04842) is a...
Defective Dolly + Heavy Load = Scaffold Law Liability Hernandez v. Port Authority of N.Y. & N.J. (2025 NY Slip Op 04843) Introduction In Hernandez v. Port Authority of N.Y. & N.J., the Appellate...
Usury as Malpractice: Drafting Facially Usurious Forbearance Terms Is Negligence; Estoppel Does Not Cure, but Mitigation Fees Are Recoverable Case: Salamone v. Deily & Glastetter, LLP, 2025 NY Slip...
“Spam Folder” Is Not a Defense: Email Notice, EUO Admissions, and Noncompliance as Independent Bases for Interim Suspension under 22 NYCRR § 1240.9 — Matter of Wells (2025) Introduction In Matter of...
People v. Lesson: Non‑elemental Pleading Discrepancies in Waiver/SCI Are Not Jurisdictional; Third‑Degree Burglary Is a Lesser‑Included of Second‑Degree (Dwelling), Allowing an SCI with General...
Matter of Spaeth: New York Outlaws Venmo/Zelle and Other Third‑Party Electronic Transfers From Attorney Escrow Accounts; Pandemic Hardships Do Not Excuse Misappropriation Introduction In Matter of...
No Blanket Consent Searches as a Standard Probation Term: First Department Requires an Individualized, Offense-Related Nexus (People v. Andrus, 2025) Introduction In People v. Andrus (2025 NY Slip Op...
Veil Piercing Without Fraud: New York First Department Holds Daily Cash Sweeps and Post‑Suit Dissolution Constitute “Wrong” for Alter‑Ego Liability Case: Rich v. J.A. Madison, LLC, 2025 NY Slip Op...
Non‑Delegable Oversight of IOLA Escrow Accounts: Public Censure for Rolling Shortage Despite Bank Error and No Venal Intent Introduction In Matter of Bains (2025 NY Slip Op 04783), the Appellate...
No-Remittal After Partial Annulment of Duplicative Specification in Civil Service Law § 75 Discipline Commentary on Matter of Fabian v. Westchester County (2025 NY Slip Op 04784, App Div 2d Dept,...
Presence of a Minor Passenger and Crash Elevates a First-Offense DWI to Suspension-Level Misconduct in Attorney Discipline Introduction In Matter of Furber (2025 NY Slip Op 04786), the Appellate...
No-Content Defense Rejected for Digital Spoliation; Unauthorized Share Issuances Are a Nullity Absent Clear Shareholder Override Comprehensive Commentary on Matter of Loreti v. 1466 E. Gun Hill Rd....
Strict Charter Caps on Shares, No Ratification Without Disclosure, and Robust E‑Discovery Sanctions: The Second Department’s Guideposts in Matter of Loreti v. JJL Realty Corp. of N.Y. Court:...
Overissued Shares Are a Nullity Absent a Clear Shareholder Override; Unapproved Interested-Director Contracts Are Voidable Unless Proven Fair; Broad Preclusion Permitted for Destroyed ESI...
Translating Out‑of‑State Public Reprimands into New York Public Censure: The Appellate Division’s Deference in Reciprocal Discipline Commentary on: Matter of Pantiliat, 2025 NY Slip Op 04791...
Necessary-Party Joinder in Article 78 Challenges to Village Fire Department Appointments: Appointee and Fire Department Council Must Be Joined Before Merits Are Reached Case: Matter of Riverside Hose...
Mandatory ABP Recalculation for Post–Taxable Status Demolition in Special Assessing Units: National Grid Generation, LLC v. Nassau County Introduction This appellate decision from the New York...
LinkedIn Is a “Public Forum” Under New York’s Anti‑SLAPP Law; “Supports Neo‑Nazi Causes” Is Actionable Mixed Opinion — Commentary on Stiloski v. Wingate Introduction In Stiloski v. Wingate (2025 NY...
Ordinary Diligence Defeats Fraud-Based Attacks on Broad Employment Releases: Trepeta v. Mobiquity Technologies, Inc. Introduction This commentary analyzes the Appellate Division, Second Department’s...
FAPA as a Change in Law: Voluntary Discontinuance Cannot De‑Accelerate a Mortgage; Renewal Granted and Foreclosure Claims Time‑Barred — U.S. Bank N.A. v. Mongru (App Div 2d Dept, 2025) Introduction...